Last updated and effective January 1, 2010
This page contains the Terms of Use ("Agreement") between you and Placer Data Limited Liability Corporation ("Placer Data"), the publisher of the Placer Data website ("Site"). You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of this Site. Your use of the Site constitutes your agreement to these terms and conditions.
Please review our Privacy Policy which describes how Placer Data treats your personal information.
Placer Data grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your individual use if you have an individual subscription or for your business’s use if you have a business subscription. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
Placer Data may charge you fees for certain products or services offered for sale through our Site. Certain Site services are available only through the purchase of a Site subscription [“subscription(s)”], some of which, at your option, may be billed either monthly or once annually. In order to provide you with uninterrupted service, most of our online subscriptions, like monthly or annual subscriptions to Green Standard Pro and Cross Tab Pro (when purchased online) renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, Placer Data will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by sending an e-mail to Placer Data at client.services@placerdata.com. You will be sent a reminder notice before the expiration of your subscription term.
(a) You agree to pay, using a valid payment card which Placer Data accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the one-time, monthly, or annual subscription charges to access the tools and information provided at the Site. Placer Data reserves the right to increase fees and surcharges, including fees for subscriptions, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you by e-mail. Notwithstanding the foregoing, if you purchase a subscription product on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a subscription on a monthly basis, the rate for that subscription is subject to change at any time for subsequent months, effective upon prior notice to you.
(b) Unless you take action to cancel your auto-renewing subscription through one of the methods described below, Placer Data will automatically charge your payment card listed in your account to renew your subscription available for purchase through our Site. Placer Data will send you a reminder about the renewal, which will contain the applicable subscription rate, to the email address provided in your account before your payment card is charged. In the event Placer Data cannot charge the payment card listed in your account, we reserve the right to terminate your access to the subscription product purchased through our Site.
(c) You may cancel your subscription and non-subscription Site services at any time subject to the following terms:
(i) If you purchase a one-year subscription, which is billed once annually at the time you subscribe, you may cancel at any time during that subscription year by sending Placer Data an e-mail requesting the cancellation of your subscription. Upon cancellation, Placer Data will refund the remainder of your subscription fees on a pro-rata basis that will cover the unused months of your subscription. Partial months will not be refunded. Your access to a subsription will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on January 15 and cancel on May 10, your access will terminate on May 15 and you will obtain a refund for the period May 15 – January 14. If you purchase a one-year Subscription-Based Service and would like to cancel effective as of the end of your annual subscription period instead of immediately, you may do so by e-mailing us at client.services@placerdata.com.
(ii) If you purchase a monthly subscription, which is billed monthly, you may cancel at any time by sending us an e-mail at client.services@placerdata.com and requesting a cancellation of your subscription. Partial months will not be refunded. Upon cancellation, your access to the subscription will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on December 15 and cancel on December 28, your access will terminate on January 14.
(iii) In addition to canceling a subscription (annual or monthly) by sending us an e-mail at client.services@placerdata.com.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site.
(e) For purposes of identification and billing, you agree to provide Placer Data with accurate, complete, and updated information required when purchasing a product or service on our Site. Purchasing Data may include your name, address, telephone number(s), email address and applicable payment card data (e.g., payment card number, security code(s), and expiration date). You can check if your subscription information is current and accurate by requesting this information in an e-mail sent to client.services@placerdata.com. You may update your subscription data at any time by sending an e-mail to client.services@placerdata.com. Failure to comply with this provision (including without limitation falsification of any subscription Data) may, at Placer Data's option, result in immediate suspension or termination of your right to use our Site, including the subscription services.
(f) You agree to promptly update your subscription information by sending us an e-mail at client.services@placerdata.com if you know of or suspect unauthorized use of your subscription service or other Site service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your subscription data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription or other Site service is subject to use without your authorization, contact Placer Data immediately at client.services@placerdata.com.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, subscriptions and other Site services and products (collectively, the "Content") are owned or controlled by Placer. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, for any public use without the prior written permission of Placer Data.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Placer Data or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Placer Data or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Placer Data;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Placer Data sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Placer Data®, and other related marks used on this site are registered trademarks of Placer Data LLC in the United.
Our Site contains regulatory and scientific information concerning health and safety, environmental exposure routes, human and animal toxicology, and information about chemicals. This information is intended for you to use in discussions with your professional engineer, scientist, toxicologist, regulator, physician or other qualified professional. Placer Data encourages you to print out the information contained in this section of our Site for discussion with your environmental professional. Please note that environmental, chemical, and toxicological content from this Site is for educational use only and is not a substitute for professional advice of a qualified engineer, scientist, toxicologist, regulator, physician, or other qualified professional. Unfortunately, Placer Data cannot help you with individual environmental or chemical questions. Always seek the advice of your environmental professional for any questions you may have regarding an exposure or condition related to environmental contaminants. Never disregard, avoid or delay in obtaining environmental or health advice from your doctor or other environmental professional because of something you have read on our Site.
Placer Data implements rigorous quality control checks to ensure that qualitative and quantitative information in our Site conforms with respective information published by regulatory agencies. If Placer Data finds, or is alerted to an error, we will correct it as quickly as possible. If you notice an error contained in any content on our Site, please notify us by sending an e-mail to client.services@placerdata.com.
As part of the registration process for subscriptions you will select a password. This password is for your individual use only, if you have an individual subscription, or your business’s use only, if you have a business subscription. You or your business are solely responsible for maintaining the confidentiality of any password you use to access our Site and its tools, and you agree that Placer Data will have no obligations with regard thereto.
You acknowledge that any reliance upon any statement, or other information displayed or distributed through the Site is at your sole risk. Placer Data reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this Agreement at any time. You acknowledge and agree that Placer Data is not the primary author of regulatory and chemical information contained in its database, made accessible through our Site, and is, therefore, not responsible the accuracy or validity of this information. Prior to utilizing this information, you are advised to verify the accuracy of this information with the appropriate regulatory and/or government agency.
Published information from Placer Data, including our regulatory and chemical information, is intended solely for the benefit of our subscribers and other consumers. Such information may not be used by others in advertising or to promote a company's products or services. In addition, this policy precludes any commercial use of any of Placer Data's published information in any form, or of the names of Placer Data ®, Green Standard Pro ®, Cross Tab Pro ®, or any other of Placer Data’s publications or services, without our express written permission.
The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by Placer Data or its Affiliates of any third-party site or any materials contained therein. Placer Data and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
You represent and warrant to Placer Data that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
You agree not to assign, transfer or sublicense your rights as a subscriber to Placer Data’s subscription services. You agree to be financially responsible for all usage or activity on your subscription account.
You hereby agree to indemnify, defend and hold harmless Placer Data and its Affiliates from and against any and all liability and costs incurred by Placer Data or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Placer Data reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Placer Data.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." PLACER DATA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLACER DATA AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL PLACER DATA OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR PLACER DATA OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE SUBSCRIPTION SERVICES, EVEN IF PLACER DATA, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF PLACER DATA AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION SERVICES. YOU HEREBY RELEASE PLACER DATA AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, Placer Data may cancel or terminate this Agreement at any time. Placer Data also reserves the right to restrict, suspend or terminate your access to the Site and/or your subscription in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Placer Data terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, Placer Data reserves the right to refuse to provide access to the Site or a subscription to you in the future.
Placer Data has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Placer Data in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the subscription products purchased through our Site,is to cancel your subscription in accordance with instructions provided in Section 3(c) above.
Placer Data has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and the subscription service. Placer Data may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
This Agreement constitutes the entire agreement between you and Placer Data with respect to the Site and to your purchase of Placer Data’s products and services offered through this Site, if applicable, including the subscription services, and supersedes all prior agreements between you and Placer Data. Failure by Placer Data to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of California (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.